Florida Senate - 2015                                    SB 1110
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00753-15                                           20151110__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         409.1678, F.S.; providing an exemption from public
    4         records requirements for information held by an agency
    5         about the location of safe houses, safe foster homes,
    6         and other residential facilities serving victims of
    7         sexual exploitation; providing for future legislative
    8         review and repeal of the exemption; amending s.
    9         787.06, F.S.; providing an exemption from public
   10         records requirements for information held by an agency
   11         about the location of residential facilities serving
   12         adult victims of human trafficking involving
   13         commercial sexual activity; providing for future
   14         legislative review and repeal of the exemption;
   15         providing a statement of public necessity; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (6) is added to section 409.1678,
   21  Florida Statutes, to read:
   22         409.1678 Specialized residential options for children who
   23  are victims of sexual exploitation.—
   24         (6)(a) LOCATION INFORMATION.—Information about the location
   25  of a safe house, safe foster home, or other residential facility
   26  serving children who are victims of sexual exploitation, as
   27  defined in s. 39.01(69)(g), which is held by an agency, as
   28  defined in s. 119.011, is confidential and exempt from s.
   29  119.07(1) and s. 24(a), Art. I of the State Constitution.
   30         (b) Information about the location of a safe house, safe
   31  foster home, or other residential facility serving children who
   32  are victims of sexual exploitation, as defined in s.
   33  39.01(69)(g), may be provided to an agency, as defined in s.
   34  119.011, as necessary to maintain health and safety standards
   35  and to address emergency situations in the safe house, safe
   36  foster home, or other residential facility.
   37         (c) This subsection is subject to the Open Government
   38  Sunset Review Act in accordance with s. 119.15 and shall stand
   39  repealed on October 2, 2020, unless reviewed and saved from
   40  repeal through reenactment by the Legislature.
   41         Section 2. Subsection (9) is added to section 787.06,
   42  Florida Statutes, to read:
   43         787.06 Human trafficking.—
   44         (9)(a) Information about the location of a residential
   45  facility offering services for adult victims of human
   46  trafficking involving commercial sexual activity, which is held
   47  by an agency, as defined in s. 119.011, is confidential and
   48  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   49  Constitution.
   50         (b) Information about the location of a residential
   51  facility offering services for adult victims of human
   52  trafficking involving commercial sexual activity may be provided
   53  to an agency, as defined in s. 119.011, as necessary to maintain
   54  health and safety standards and to address emergency situations
   55  in the residential facility.
   56         (c) This subsection is subject to the Open Government
   57  Sunset Review Act in accordance with s. 119.15 and shall stand
   58  repealed on October 2, 2020, unless reviewed and saved from
   59  repeal through reenactment by the Legislature.
   60         Section 3. The Legislature finds that it is a public
   61  necessity that information about the location of safe houses,
   62  safe foster homes, and other residential facilities serving
   63  children who are victims of sexual exploitation, as defined in
   64  s. 39.01(69)(g), Florida Statutes, or adult victims of human
   65  trafficking involving commercial sexual activity, held by an
   66  agency, as defined in s. 119.011, Florida Statutes, be made
   67  confidential and exempt from s. 119.07(1), Florida Statutes, and
   68  s. 24(a), Article I of the State Constitution. Safe houses, safe
   69  foster homes, and other residential facilities serving victims
   70  of sexual exploitation, as defined in s. 39.01(69)(g), Florida
   71  Statutes, or adult victims of human trafficking involving
   72  commercial sexual activity, are intended as refuges for sexually
   73  exploited victims from those who exploited them. If the
   74  individuals who victimized these people were able to learn the
   75  location of such facilities, they may attempt to contact their
   76  victims, exploit their vulnerabilities, and return them to the
   77  situations in which they were victimized. Even without the
   78  return of these victims to their former situations, additional
   79  contact with those who victimized them would have the effect of
   80  continuing their victimization and inhibiting their recoveries.
   81  Additionally, knowledge about the location of safe houses, safe
   82  foster homes, and other residential facilities serving victims
   83  of sexual exploitation, as defined in s. 39.01(69)(g), Florida
   84  Statutes, or adult victims of human trafficking involving
   85  commercial sexual activity, could enable other individuals to
   86  locate and attempt to victimize the residents. Therefore, it is
   87  the finding of the Legislature that such information must be
   88  made confidential and exempt from public records requirements.
   89         Section 4. This act shall take effect on the same date that
   90  SB ____ or similar legislation relating to human trafficking
   91  takes effect, if such legislation is adopted in the same
   92  legislative session or an extension thereof and becomes a law.